High Courts judgments

The Orissa High Court struck down the August 18, 2020 resolution withdrawing SGST reimbursement for cement units under IPR 2015, calling it arbitrary and unconstitutional. The ruling safeguards investors who had undertaken substantial investments based on the original incentive, reinforcing the doctrine of legitimate expectation.

The Delhi High Court ruled that a flawed Section 21 notice under the Arbitration and Conciliation Act, 1996 does not strip an arbitral tribunal of its jurisdiction when a valid arbitration agreement is in place. The court proceeded to appoint a sole arbitrator, clarifying that procedural defects in notice service cannot override the parties’ arbitration agreement.

The Delhi HC held that arbitrator recusal creates a vacancy to be filled under Section 15 of the Arbitration & Conciliation Act, not a termination attracting Section 32 remedies. This distinction allows parties to seek appointment of a substitute arbitrator rather than challenging a termination order, preserving the arbitration process.

A mother, as a single parent, may obtain her child's passport without the father's consent under Passport Rules 1980 §§4(A)(3)(a),4(3), as held by Gujarat HC. It directed the Regional Passport Authority to issue the passport within eight weeks.

The Delhi HC held a unilateral arbitrator appointment clause violates Section 18’s equal treatment principle, rendering it unenforceable. It underscores the need for equal treatment in arbitration clauses, affecting future unilateral appointment agreements.

The Delhi High Court held that a gift deed between family members is not a 'transfer' under Section 14(6) of the Delhi Rent Control Act, barring eviction claims based on such deed. It also clarified that a review petition under Section 114 CPC lies only for errors apparent on the face of the record, affecting landlords and tenants in family-settlement disputes under rent control law.

The Delhi High Court held that a summary judgment under Order XIII-A CPC cannot be entertained after issues are framed, requiring the suit to go to trial for evidence appreciation. This clarifies that Order XIII-A does not permit premature disposal once the suit reaches the issue-framing stage.

The Delhi High Court directed masking of identity markers in quashed criminal orders to shield the petitioner’s family from harassment, upholding a right to be forgotten under Article 21. This lets those with quashed criminal cases seek removal of personal details from public court records to prevent ongoing stigma.

The Rajasthan High Court ruled that the twelve-month limitation for recovering maintenance arrears under Section 125(3) CrPC begins from the date of the maintenance order, not from when each arrear accrued. This allows claimants to recover arrears for up to a year preceding the order, even if the arrears span a longer period, benefiting maintenance seekers and defining the liability of payers.

Calcutta HC held Customs officers may sample imported food under Section 144 for tariff classification even with food safety concerns, letting revenue probe duty evasion without waiting for separate food safety clearance.

Under Section 11(6A) the Calcutta HC limited the referral court’s role to checking arbitration agreement existence and timeliness, barring inquiry into merits or consumer forum orders. Thus the developer’s non consumer claims remain arbitrable despite any consumer forum order, affecting developers and homebuyers.

Revenue Standing Order 26(15) cannot convert patta land to government property without due process, the Madras HC held, quashing the Section 6 notice under the TN Land Encroachments Act. The court awarded ₹10,000 costs and ordered compensation for 100 felled trees.

Granting bail, the Court held that assets acquired before scheduled offence period cannot be treated as proceeds of crime under PMLA without a temporal nexus to alleged criminal activity. Court found no such link for the petitioner’s overseas assets.

The ruling upholds charges against female petitioners in December 2023 to July 2024 incidents, clarifying that liability for gang rape under BNS Section 70 extends to those sharing the common intention to commit rape, even without commission of the act.

The Delhi HC held that vague counsel negligence claims do not amount to 'sufficient cause' under Order IX Rule 13 CPC to set aside an ex-parte judgment, stressing that litigants must stay vigilant and act promptly or lose chance to challenge judgment.

The Delhi High Court allowed medical termination of pregnancy for a 16-year-old rape survivor at 31 weeks, ruling that her reproductive autonomy under Article 21 outweighs the 24-week ceiling in the MTP Act. The decision expands access to safe abortion for minor survivors of sexual violence facing grave mental injury.

The Himachal Pradesh High Court upheld the acquittal under Section 138 of the NI Act, holding that a notice must specify the exact cheque amount to be valid. It further clarified that any alteration in the cheque initialled by the accused does not void the instrument, refining the evidentiary requirements for dishonoured cheque cases.

The Rajasthan High Court upheld the Competent Authority's appointment under Section 2(7A) of the Railways Act, 1989, deeming it valid despite a later acquisition notification. It found no prejudice in the hearing process and no illegality in compensation, impacting landowners of the Nathdwara rail line.

Meghalaya HC quashed POCSO proceedings after verifying the survivor’s informed consent and her welfare benefits, holding that consensual cohabitation with a child does not bar quashing if safeguards are met.

The Delhi High Court held that magistrates must independently apply their judicial mind before issuing summoning orders at the cognizance stage, upholding the summons against a director accused of diverting business proceeds under Sections 409 and 120-B IPC. This ruling reinforces procedural safeguards against mechanical issuance of process and affects magistrates, accused, and complainants in criminal proceedings.

Bombay HC held that 'Queen' lacks secondary meaning, dismissing the passing off claim against 'Queen Full Power'. The decision reinforces that a common word cannot be monopolised unless it has acquired distinctiveness, affecting film title disputes.

The Delhi High Court stayed a promoter’s termination, holding that dismissal in breach of the shareholders agreement warrants interim relief under Section 9 of the Arbitration Act, 1996, protecting promoter rights pending arbitration.

The Calcutta High Court quashed lower maintenance orders, ruling that any award under the PWDV Act must be grounded in sworn affidavits of both parties’ assets and liabilities. The decision forces litigants in domestic violence cases to furnish full financial disclosures before maintenance can be granted, impacting spouses and children seeking support.

Karnataka HC held that a backstop guarantor’s subrogated pledge over UBL shares outranks personal guarantees, allowing recovery of USD 140.97 million paid to SCB. It clarifies priority, impacting lenders, guarantors, and shareholders.